Question 1

What is the difference between substitution and nomination?

Accepted Answer

Substitution is replacing the allottee with a new person in the builder's records. Nomination is appointing a nominee to inherit the apartment. Both achieve similar results through different procedures.

Question 2

Do I need to pay the builder directly for substitution?

Accepted Answer

Yes, the buyer typically pays any balance amount directly to the builder. The original allottee receives agreed consideration from the buyer separately.

Question 3

What happens if the builder refuses substitution?

Accepted Answer

If the builder refuses, the sale cannot proceed through substitution. The buyer may have other options like obtaining a separate sale deed, but builder approval is typically required.

Question 4

Will I get registered conveyance deed after substitution?

Accepted Answer

The builder will eventually register the conveyance deed. Until registration, you have builder records and substitution certificate. After registration, you get full legal title.

Question 5

What is the difference between an Agreement to Sell and a Sale Deed?

Accepted Answer

An Agreement to Sell is a contract that records the parties' intention to transfer property in the future on agreed terms. The Sale Deed is the document that actually transfers ownership and is compulsorily registrable under Section 17 of the Registration Act, 1908. Per Section 54 of the Transfer of Property Act, 1882, an Agreement to Sell does not by itself create any interest in the property — only the registered Sale Deed does.

Question 6

Is an Agreement to Sell legally enforceable in India without registration?

Accepted Answer

Yes. An unregistered Agreement to Sell, if executed on appropriate stamp paper and signed by both parties along with witnesses, is admissible as evidence in a suit for specific performance under the Specific Relief Act, 1963. However, if possession of the property is being delivered along with the Agreement, registration becomes mandatory under state law (post Registration & Other Related Laws (Amendment) Act, 2001).

Question 7

What is earnest money, and what happens if either party defaults?

Accepted Answer

Earnest money is a token amount paid by the buyer to the seller as proof of the buyer's intention to purchase. If the buyer defaults on the agreed payment timeline, the seller is entitled to forfeit the earnest money under the standard 'time is the essence' clause. If the seller defaults on executing the Sale Deed, the buyer can sue for specific performance and recover the earnest money with damages.

Question 8

Can this template be used for properties in any Indian state?

Accepted Answer

Yes — the template is drafted in line with central laws (Transfer of Property Act, Registration Act, Indian Stamp Act, Specific Relief Act). Stamp duty, however, is a state subject and varies. The template carries blank fields where you fill in state-specific stamp duty values. We recommend confirming the exact stamp value with a local lawyer or sub-registrar before printing on stamp paper.

Question 9

Will I get notarisation and registration support?

Accepted Answer

This is a self-service downloadable template — you receive an editable .docx that you fill in and execute. If you'd like end-to-end support with stamp paper procurement, drafting, notarisation, and registration appointment booking, please contact our team — we offer this as a separate paid service.

Aspect	Agreement to Sell	Sale Deed
Effect on ownership	Future promise — does not transfer ownership	Actual transfer of ownership
Governing law	Section 54, Transfer of Property Act, 1882	Section 54 + Registration Act, 1908
Registration	Optional (mandatory if possession is delivered)	Compulsorily registrable
Stamp duty	Nominal in most states	Full state-prescribed stamp duty + registration fees
Remedy on breach	Specific performance / forfeiture of earnest money	Cancellation suit / refund + damages

Agreement to Sell of Apartment by Nomination/Transfer/Assignment/Substitution — Format & Free Sample (₹49)

Agreement to Sell of Apartment by Nomination/Transfer/Assignment/Substitution

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AGREEMENT FOR SUBSTITUTION/NOMINATION TRANSFER OF APARTMENT

Key Highlights from This Document

Substitution/Nomination Procedure

Builder's Consent and No-Objection

Rights Transfer and Delivery

Rather want a custom document tailored to your exact needs?

When this Apartment - Nomination Transfer Agreement applies

Who needs this template

When you should use it

Why a generic sale agreement is risky here

Clauses included in the editable Word file

Agreement to Sell vs Sale Deed — what’s the difference?

Stamp duty & registration — what you need to know

Frequently Asked Questions — Apartment - Nomination Transfer Agreement to Sell

Agreement to Sell of Apartment by Nomination/Transfer/Assignment/Substitution

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